SEND35A Form: How to Complete Your SEND Tribunal Appeal Registration

What the SEND35A is and why it matters

The SEND35A is the formal application form that registers your case with the First-tier Tribunal (Special Educational Needs and Disability). Without it, your appeal cannot begin. The Tribunal uses the form to understand:

• •Which LA decision you are challenging and on what grounds
• •What outcome you are asking the Tribunal to order
• •Whether you have completed the mediation information process
• •Who the child is and who is bringing the appeal

Which decisions can be appealed?

Writing effective grounds of appeal

The grounds of appeal section of the SEND35A is the most important part. Weak grounds use vague language; strong grounds are specific, factual, and connected to the law.

Completing the SEND35A: section by section

1. 1

   Download the SEND35A form from GOV.UK

   Search for 'appeal a SEND decision' on GOV.UK and download the current SEND35A form and accompanying guidance notes. Read the guidance carefully before starting.

2. 2

   Complete the child and applicant details

   Enter your child's full name, date of birth, and the local authority responsible for their EHCP (or assessment). Then enter your own details as the applicant — name, address, email, and your relationship to the child.

3. 3

   Identify the decision you are appealing

   The form asks what type of decision you are appealing. Common options include: refusal to assess; refusal to issue an EHCP; the contents of an EHCP (Sections B, F, or I); refusal to reassess; or a decision to cease maintaining the EHCP. Tick the correct box — you can appeal multiple issues on one form.

4. 4

   State your grounds of appeal

   Explain clearly why you disagree with the LA's decision. Reference the specific reasons the LA gave and explain why each reason is wrong. Be specific — refer to professional reports, failed interventions, and the impact on your child. Avoid vague language like 'the LA made the wrong decision' without saying why.

5. 5

   State the outcome you are seeking

   Tell the Tribunal exactly what you want it to order. Examples: 'Order the LA to carry out an EHC needs assessment'; 'Order the LA to issue an EHCP'; 'Order the LA to amend Section F to specify [provision]'; 'Order the LA to name [school] in Section I'.

6. 6

   Include your mediation certificate number

   Enter the reference number from your mediation certificate in the relevant section. Without this, the Tribunal cannot accept your appeal (unless you are only appealing Section I placement).

7. 7

   Submit to the SEND Tribunal before your deadline

   Send the completed form by email or post to the SEND Tribunal following the GOV.UK instructions. Keep a copy of the form and proof of submission. Note the date you submitted.

Common SEND35A mistakes

• !Vague grounds of appeal that do not explain why the LA's specific reasons are wrong
• !Not including the mediation certificate number — the Tribunal will return the form
• !Not stating the exact outcome sought — 'something should be done' is not enough
• !Submitting on the deadline day by post — allow several working days for delivery
• !Not keeping a copy of the submitted form with proof of the submission date
• !Ticking the wrong appeal type — check which decisions you are challenging

What your pack includes

• •Guided SEND35A drafting — complete your appeal registration with step-by-step prompts
• •Grounds of appeal generator — draft focused, specific grounds based on your case
• •Outcome statement templates — how to state what you want the Tribunal to order
• •Deadline tracking — your personalised appeal deadline shown clearly in the dashboard
• •Document organiser — attach your mediation certificate and all supporting evidence

What happens after you submit the SEND35A?

Once the SEND Tribunal receives your SEND35A, it registers your case and issues an acknowledgement letter containing your unique case reference number. This reference should be used on all future correspondence with the Tribunal.

The Tribunal then notifies the LA that an appeal has been registered. The LA has a set period (typically 30 working days) to submit its response — a document called the Local Authority's Case Statement — setting out its position and the evidence it is relying on.

After both parties have responded, the Tribunal issues directions — a timetable setting out when each party must exchange evidence and documents. You will receive a notice confirming your scheduled hearing date. Hearings are usually listed for a specific date or a date range several months ahead, allowing time for evidence to be gathered and exchanged.

Many SEND Tribunal appeals are resolved before a hearing through a consent order — an agreement between you and the LA to amend the EHCP in the way you have requested. You can continue negotiating with the LA at any point after registering. If you reach agreement, a consent order is submitted to and approved by the Tribunal.

The Tribunal directions process — what to expect

The Tribunal manages the case through formal directions — instructions setting out what each party must do and by when. Key directions milestones include:

1. 1Disclosure: Both parties must disclose all documents they intend to rely on. You can also request documents from the LA that have not been voluntarily disclosed — including internal assessment reports, EHC needs assessment reports, and school provision records.
2. 2Working document: The Tribunal often asks both parties to produce a 'working document' — a version of the EHCP with agreed and disputed elements highlighted. This clarifies the live issues at the hearing.
3. 3Evidence bundle: All evidence (reports, letters, school documents, parent statement, professional witness statements) is compiled into a numbered bundle exchanged before the hearing. Organising evidence early saves significant last-minute pressure.
4. 4Witness statements: If you intend to call professional witnesses (such as a private educational psychologist), their written statements must be served on the LA before the hearing date. Oral evidence at the hearing supplements but does not replace the written statement.
5. 5Skeleton arguments (in complex cases): In some complex Tribunal cases, parties submit short written arguments summarising the key legal and evidential points. This is more common in professional representation cases but parents can submit these too.

Writing effective grounds of appeal for section 3 of the SEND35A

The grounds of appeal (section 3) are the most important part of the SEND35A. They tell the Tribunal why the LA's decision is wrong. At registration stage, your grounds do not need to be exhaustive — you can develop them further as evidence is gathered. However, your grounds must be clear enough to identify the real issues in the case.

Effective grounds for each common appeal type:

Your grounds of appeal must be honest and based on your genuine view of your child's situation. They are not a legal strategy exercise — they are your explanation, in plain terms, of why you disagree with the LA's decision and what you want instead.